Conviction verdicts against a defendant for failing to provide a service in an optimal manner

15/07/2018

The primary court in Suhar, has recently convicted a defendant for failure in providing an optimal service with one thousand Omani rial fine for the public right and rejection of the civil lawsuit for the violation of the stipulated form as per the law.

A consumer submitted a complaint to the Directorate General of Consumer Protection indicating that he agreed with the defendant on building a house with the specification according to the drawings, the house is supposed to be completed as stipulated in the agreement, however, the construction was not completed as such and did not respond to the communications.
The defendant admitted that he was not able to finish the construction of the house due to work circumstances. An engineering expert was assigned, and he concluded that the delay in construction was because of the contractor. The case was referred to the public prosecution, and the competent court which ruled in the misdemeanor of failure in providing a service in the optimal manner according to article 23in reference to article 39 of Consumer Protection Law: “The provider shall provide the service to the consumer in an optimal manner and in accordance with the purpose for which the service was procured and shall guarantee the service provided for a time internal that is appropriate for the nature of the service, failing this, the provider shall refund the value of such service or the an amount compensating for any shortfall therein or in the perform the service again in the optimal manner as contemplated under the regulations.” and article 2 of the same law that states:” failing to provide a commodity on due time or failure to perform it on the time of completion is a violation of the rules for freedom of choice, equality, fair treatment, honesty and credibility”

No one imagined that greed and deviousness would reach such a staggering level that thought exist only in movies and investigative drama shows , yet it became a stark reality when some merchants sought to make a profit on the account of health and safety of the young and adults alike utilizing the God-given intellect that they posses into destruction and evil instead of serving public good , the devious plan used ( Back to school ) season by carving holes inside books and hiding chewing tobacco inside in away from the inspectors notice targeting the younger generation with these destructive materials that effect the health , mind and safety of our kids .

The Judicial officers noticed that consumers come very frequently to a specific shop during one of the inspection tours which raised their suspicions to strengthening the monitoring and follow up on that matter , students were spotted in the shop as well , the Officers expediently intervened to inspect the shop , the inspection did not reveal anything at first , however , the officers noticed a stack of books and decided to inspect it , surprisingly , they found more than 600 pouches of chewing tobacco on its way to be sold and distributed on consumers and students , the officers immediately issued a violation and referred the case to the General Prosecution to deal with the matter as per the Law